The UK’s Justice and Home Affairs (JHA) opt-in was triggered by three Articles in a proposed Regulation amending EU Regulation 1889/2005 on Controls on Cash Entering or Leaving the Union. In the proposed regulation, provisions in Article 6 oblige Member States to collect information, and those in Articles 8 and 9 oblige Member States to share information. The Government considered that the competence for the EU to act in these areas stems from Article 87 of the Treaty on the Functioning of the European Union.
The Government decided that it is in the UK’s interest to opt in to the Justice and Home Affairs obligations within this Regulation as the provisions strengthen the existing Regulations, and will enhance border security without imposing disproportionate burdens on business. The proposed new regulation will reinforce the existing controls of cash moving across EU borders, bringing these controls in line with international norms and best practices for addressing evolving forms of criminality. Until the UK leaves the EU it remains a full and participating member. We will continue to work with the EU institutions, with the aim of ensuring that UK objectives are preserved as the negotiations progress on any compromise text.
This statement has also been made in the House of Lords: